Who is authorized to request a deceased person’s stock account information during probate? – North Carolina

Short Answer

In North Carolina probate, the person authorized to request a deceased person’s stock account statements and records is the court-appointed personal representative (the executor named in a will or the administrator appointed in an intestate estate). A law firm can request the information on the personal representative’s behalf, but transfer agents commonly require proof of appointment—usually certified Letters Testamentary or Letters of Administration—and may insist the request be signed by the personal representative. If there is no personal representative yet, a transfer agent will often refuse to release full account information without a court order or a small-estate/simplified procedure that fits the situation.

Understanding the Problem

In North Carolina, a common probate question is: who can ask a transfer agent for a deceased person’s stock account statements and historical records, especially when the request covers the full life of the account from opening through closure. The decision point is whether there is a legally appointed personal representative with authority to act for the estate, because that appointment controls who can demand records and give binding instructions about securities held with a transfer agent.

Apply the Law

Under North Carolina practice, the transfer agent generally treats the estate’s court-appointed personal representative as the person with legal authority to gather information, collect assets, and give instructions about estate property (including securities). In day-to-day administration, the personal representative typically proves authority by providing certified Letters Testamentary (if there is a will and an executor qualifies) or certified Letters of Administration (if there is no will and an administrator qualifies). A law firm may communicate with the transfer agent and receive statements if the personal representative authorizes it, but the transfer agent may still require the personal representative’s signature on the request and may require “fresh” certified letters dated within the institution’s policy window.

Key Requirements

Proper authority: A personal representative must be appointed through the Clerk of Superior Court (estate division) before most transfer agents will release detailed account records or act on instructions.
Proof of appointment: Transfer agents commonly require certified Letters Testamentary or Letters of Administration (and often a certified death certificate) before releasing information or transferring securities into an estate account.
Scope and identification: The request should identify the decedent, the account (if known), and the specific records needed (statements, transaction history, confirmations, tax forms), because transfer agents may limit what they produce without clear identifiers.

What the Statutes Say

N.C. Gen. Stat. § 36F-8 (Disclosure of other digital assets of deceased user) – Allows disclosure to a personal representative when the personal representative provides a written request plus proof such as a certified death certificate and certified letters (or certain alternative probate documents/court order). While stock account statements are not always treated as “digital assets,” this statute reflects North Carolina’s general approach that custodians disclose certain account-related information to a properly appointed personal representative with the right documents.

Analysis

Apply the Rule to the Facts: The probate file is being handled by a law firm that needs stock-related statements and records from a transfer agent from account opening through closure. In North Carolina, the transfer agent will usually provide that level of information only when the request is made by (or clearly authorized by) the estate’s personal representative and supported by certified Letters Testamentary or Letters of Administration and a certified death certificate. If the law firm sends the request, many transfer agents still require the personal representative’s signature or a written authorization directing the transfer agent to release statements to counsel.

Process & Timing

Who files: The person seeking authority to act for the estate (the nominated executor or an eligible administrator). Where: The Clerk of Superior Court (Estates) in the North Carolina county where the estate is opened. What: An application/filing to qualify and receive Letters Testamentary or Letters of Administration. When: Before requesting full account records or giving transfer instructions to a transfer agent.
Request the records: After qualification, send the transfer agent a written request that includes the decedent’s identifying information, account identifiers (if known), and a clear description of the date range and record types requested. Enclose a certified death certificate and certified letters; many institutions also request an affidavit of domicile and an IRS Form W-9 for the estate EIN when the request is tied to transferring or retitling the account.
Receive and use the records: Use the statements and transaction history to identify holdings, confirm date-of-death values, track dividends and sales, and support the estate inventory and later accountings. If the transfer agent refuses to release information to counsel directly, the request may need to be re-issued under the personal representative’s signature or accompanied by a written authorization from the personal representative.

Exceptions & Pitfalls

No personal representative yet: Before letters are issued, transfer agents commonly decline to release detailed statements or historical records. In that situation, the practical fix is to qualify a personal representative or seek a court order tailored to the needed records.
Non-probate ownership: If the stock account is held in a way that passes outside probate (for example, certain joint ownership or beneficiary arrangements), the personal representative may not be the right person to control the asset. Even then, the personal representative may still need limited information to confirm whether the asset is part of the probate estate.
Institution policy issues: Transfer agents often require certified letters dated within a certain recent period and may require the request to come from the personal representative directly. Planning for these policy requirements avoids repeated rejections and lost time.
Incomplete identifiers: Requests that do not include an account number, registered owner name variations, or prior addresses can lead to “no record found” responses. Using the decedent’s papers and prior tax documents to narrow identifiers often improves results.

Conclusion

In North Carolina probate, the person authorized to request a deceased person’s stock account information from a transfer agent is the estate’s court-appointed personal representative (executor or administrator), proven by certified Letters Testamentary or Letters of Administration. A law firm can make the request on the personal representative’s behalf, but the transfer agent may require the personal representative’s signature and supporting documents like a certified death certificate. The next step is to obtain certified letters from the Clerk of Superior Court and submit the written records request to the transfer agent promptly after qualification.

Talk to a Probate Attorney

If a transfer agent is refusing to release stock account statements or is insisting on specific court papers, our firm has experienced attorneys who can help clarify who has authority and what documents are typically required in North Carolina probate. Call us today at [919-341-7055].

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.